SANTOSH KUMAR GUPTA Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal has been preferred under section 374(2) of the Code of Criminal Procedure, 1973 (in short Criminal Procedure Code) against judgment dated 25/11/2003 passed by Additional Sessions Judge, Maihar in Sessions Trial No. 34/2003 convicting the appellant under section 376 Indian Penal Code and under section 342 Indian Penal Code for committing rape on minor prosecutrix, after confining her in his house, sentencing to life imprisonment and with fine of Rs. 10,000.00 and to 1 year R.I and with fine of Rs. 1000.00respectively.

(2.) Facts of the case, in short, are that on 03/10/2002 at about 10.00 A.M prosecutrix aged 14 years (PW-5) was asked by her mother Smt. Arun Tiwari (PW-6) to go in neighbouring house of Ramniwas Pandey (PW-8) to extend help to his wife for cleaning of grains. Appellant was residing in the house of PW-8 as tenant.Appellant was working as Teacher (Shiksha Karmi) in the same school in which prosecutrix was studying in Class-VIII. Appellant forcibly took the prosecutrix inside his room. After undressing her and himself committed rape on her. Appellant locked the room from inside and threatened the prosecutrix to keep on sitting there. Appellant cooked food and after taking meals again committed rape on her. Appellant left the room and locked that from outside. Prosecutrix could, somehow, manage to come out of the room from another door of the room, and reached to her house. Prosecutrix narrated the incident to her family members.

(3.) Vishnu Datt Tiwari, father of prosecutrix (PW-7) was not keen to lodge FIR apprehending the loss of reputation etc. After consultation with his family members, living outside the village and with Vishnu Pratap Singh, Sarpanch (PW-9), ultimately,decided to lodge the report. On 09/10/2002 prosecutrix lodged FIR Ex.P-5 against the appellant at police station Maihar. A case at crime no. 407/2002 under section 342, 376, 506B Indian Penal Code was registered against the appellant. Prosecutrix was sent for her medical examination. Dr. Smt. S.B. Awadhiya (PW-1) examined prosecutrix and prepared MLC report Ex.P-1 and referred the prosecutrix to Radiologist for ascertaining her age. During investigation, police obtained school records in support of age of the prosecutrix. On 29/10/2002, appellant was arrested and was sent for his medical examination. After completing the investigation, police-Maihar submitted a charge sheet under section 342, 376, 506B Indian Penal Code against the appellant. Then case was committed to the trial Court. Trial Court framed charges under section 342, 376, 506B Indian Penal Code. Appellants abjured guilt. Defence of the appellant in the Trial Court was that of false implication at the instigation of Sarpanch (PW-9) who had past enmity with him.